United States v. Baysinger

DECISION

MILES, Judge:

Consistent with his pleas, the accused was convicted of larceny and housebreaking in violation of Articles 121 and 130, Uniform Code of Military Justice, 10 U.S.C.A. §§ 921, 930. The approved sentence extends to a bad conduct discharge, confinement at hard labor for three months, forfeiture of $334.00 for one month and reduction to airman basic.

Appellate defense counsel assert that the military judge erred when he failed to inquire into an inconsistency between the accused’s guilty pleas and his sworn testimony during sentencing. We disagree.

At trial, the accused’s pleas…